Disability Accommodation Attorney in Los Angeles, CA
FEHA requires employers to provide reasonable accommodation to employees with a known physical or mental disability, unless doing so would create an undue hardship. Before denying an accommodation, the employer must engage in a timely, good-faith interactive process with the employee to identify an effective accommodation — this is a standalone legal obligation, separate from whether an accommodation is ultimately provided. Accommodations can include modified duties, equipment, schedule changes, leave beyond what's otherwise available, or reassignment to a vacant position.
Key Points
- The interactive process is a legal requirement on its own — an employer can be liable for failing to engage in it in good faith, even separate from a failure-to-accommodate claim
- Disability under FEHA is defined broadly, covering conditions that limit a major life activity, and does not require the condition to be permanent or severe
- An employee generally only needs to disclose enough information for the employer to understand that an accommodation may be needed — a formal diagnosis is not always required to trigger the process
- A request for accommodation that is ignored, delayed unreasonably, or met with retaliation can support a claim independent of whether the accommodation itself was ultimately approved
Considerations
- "Undue hardship" is a real but limited defense — it requires a genuine showing of significant difficulty or expense, not mere inconvenience
- Leave can itself be a reasonable accommodation in appropriate circumstances, beyond CFRA or other statutory leave entitlements
- Documentation of the back-and-forth during the interactive process — what was requested, what was offered, and why anything was denied — is often central to these cases
California Law Note
Government Code § 12940(n) makes the failure to engage in a timely, good-faith interactive process its own independent FEHA violation — meaning an employer can be liable for mishandling the PROCESS even in situations where, in hindsight, no accommodation may have ultimately been available.
Related Questions
What counts as a protected characteristic under California law?
California's Fair Employment and Housing Act (FEHA) covers race, color, national origin, ancestry, religion, sex, gender, gender identity and expression, sexual orientation, age (40 and over), physical or mental disability, medical condition, genetic information, marital status, and military or veteran status, among other categories — a notably broader list than many federal discrimination laws.
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